Lone Star Industries, Inc. v. Howell Trucking, Inc.

LAWRENCE E. MOONEY, Judge.

Plaintiff Lone Star Industries filed suit against Howell Trucking seeking a declaratory judgment that an indemnity agreement between them was valid and enforceable, and further seeking indemnity for amounts Lone Star paid to settle an underlying wrongful-death lawsuit. Lone Star now appeals from the circuit court’s judgment granting Howell Trucking’s motion for judgment on the pleadings. Because the allegations of Lone Star’s petition are sufficient and a judgment different from that pronounced could be rendered, we reverse the judgment and remand the cause.

Factual…